CIVIL AVIATION

Poverty Bay Herald, Volume LXI, Issue 18465, 2 August 1934, Page 5

CIVIL AVIATION

PROVISION FOR CONTROL : LICENSING OF SERVICES COMPREHENSIVE MEASURE BOARD’S WIDE POWERS (Per Press Association.) WELLINGTON, this day. The Transport Licensing (Commercial Aircraft Services) Bill, which was introduced in the House of Representatives, provides that the Transport Co-ordination Board shall grant licenses, but authority for granting a temporary license in a case of urgency is given to the chairman, or any other member of the board, or to any person duly authorised by the board. However, in such cases, the granting of the license is required to be reported to the next meeting of the board. ■ Any commercial aircraft service being carried on immediately before the passing of the bill may continue to carry on for a period of 2S days. If an application for a license is made within that period the service may be carried on until the application is disposed of. If that requirement is not complied with, a fine of £IOO, and a further fine of £lO for every day the offence continues, is provided. Several clauses of the bill define the procedure for making an application for licenses. 'These are to lie forwarded to the Commissioner of Transport to be placed before the board, which is required to advertise the receipt of applications and hold public sittings for hearing evidence. In considering any application, the board shall generally have regard to: (a) The extent to which the proposed service is necessary or desirable in the public interest. (-b) The needs of New Zealand or the district or districts as a whole proposed to be served in relation to transport, whether by land, 'air or water.

(c) The possible value to New Zealand of the proposed service, and the aircraft and ground organisation thereof for auxiliary defence purposes, o~ in ease of a national or local emergency. If’the board is then of the opinion that tho proposed service is unnecessary or undesirable, it shall refuse to grant a license. CONDITIONS OF LICENSES If, having regard to the ahove points, the board proposes to give further consideration to the application, it shall take into account: — (d) The financial ability of the applicant to carry on the proposed service, and the likelihood of his carrying it on satisfactorily.

. (o) The time-tables or frequency of the proposed service. (f) The proposed fares and charges for the carriage of passengers and goods. (g) The transport services of any kind, whether by land, air or water, already provided in respect to the localities to be served, and in respect to the proposed routes. •’ (h) The transport requirements' of speh localities, including such require : ments in respect to the carriage of mails.

(i) The aircraft proposed to be used in connection with the service.

(j) The type and suitability of the aerodromes 'proposed to be used, aiul tlbe facilities at the aerodromes for Services of the type in respect to which the application is made. (k) Any evidence and representations received by it at a public sitting, and any representations otherwise made by the Government Railways Board, local authorities, other public bodies, or any persons carrying on transport services of any kind, Whether air, land or water, likely to be affected, or any officer of the defence forces appointed by the Minister of Defence in that behalf, cither for the purposes of a particular application, or such applications generally, any any representations contained in any petition presented to it signed by not fewer than 25 adult residents of any locality 'proposed to be served, provided that before taking into consideration any adverse representations made otherwise than at a public sitting, the Licensing Authority shall give the applicant and all other persons likely to be affected a reasonable opportunity to reply to such representations. (l) Such other matters as may be prescribed by the regulations. After considering the various points, the board may grant or refuse a license. Every license shall be (a) .a temporary license, which means a license for a service to be carried on for a specified period of not more than seven days, or for any specified special occasion or occasions; or (b) a continuous license. PROPOSED CONDITIONS In granting a license the board may prescribe (a) the class and number of aircraft to be used, and the seating or other accommodation for passengers by reference to the minimum or maximum number, or to both such numbers; (b) the class and quantity, or weight, of any goods that may be carried; (c) the date not later than which the service shall bo commenced; (d) the localities to be served; (e) the frequency of the service; (f) the fares to be charged for passengers, and the charges for goods; and (g) such other matters and conditions that may be prescribed by the-regulations, or as the board thinks proper. Instead of prescribing the particular localities to be served, the board may grant a license to authorise the carrying on of a service generally throughout New Zealand, subject to such special conditions as it thinks proper to impose. However, the board may at any time restrict the effect of a license as it thinks fit. , Before granting a license the board may call upon an applicant to furnish proof of his liability in respect of death or accident to passenegers, and in respect of loss of, or damage to, goods if covered by insurance or otherwise to such an extent as the -board deemse reasonable. The board shall require an applicant to produce proof that he has paid all the fees due under any Act or regulations in respect of the aircraft to be used. SERVICES COMPULSORY It shall be a condition of every license that the lisensee shall not abandon or curtail the authorised service without the consent of the board. . If he does so, the board may, via its

discretion, revoke the license and disqualify him, or any partnership or company of which he is a member, for such a period as it thinks fit; from obtaining another license. In lieu of, or in addition to, any such penalty, the board may impose a fine not exceeding £25. I The commissioner of Transport is required to keep a register of the 1 licenses issued under the proposed Act. Every license shall bo deemed to I expire on the completion of five years i after the quarter day on which it took | effect. i It so directed by the Minister, the ; Transport Board shall hold a public inquiry as to whether or not any ser- ■ vice is being carried on in conformity . with the terms of the license. If the • board is satisfied that the terms have not been observed, or that the licensee ■ has disposed of his service to another person, the board may revoke the l license. Power is also given to the l board, without holding: such inquiry, ' to suspend any license if it is satisfied that the licensee has wilfully committed a breach of any of the conditions. A license may also bo revoked if the service is not commenced on the duo date. The board may grant a transfer of a license, but must first bo satisfied that the proposed trans-

feree is financially able to carry on the service, and is likely to do so satisfactorily. Accounts are to be kept and returns made by all licensees. All proceedings in respect of offonces under the bill shall be taken in a summary way on the information of the commissioner or his appointee, or by a member of the police force, and shall be heard by a stipendiary magistrate alone. All foes, fines, and other moneys received or recovered under the bill will lie credited t-o the consolidated funrr, and all expenses incurred in carrying out the provisions of the bill shall be paid out of moneys appropriated by Parliament. MINISTER’S COMMENT Wide powers for the making of regulations for various purposes are given to the Governor-General-in-Oouncil. Nothing in section IS of the Police Offences Act, 1927, shall operate to make the carrying on on Sundays of an aiicraft service, pursuant to a license under the proposed Act an offence under that section. A final clause states that the proposed Ac' hall bind Hie Crown. in exp! bring the measure, the Rt. lion. J. G. Coates said the bill contained a provision for licensing air transport, but did nut contravene the \ir Navigation Act. 1931. It deliube ly purported to hand over to the Transport Board the licensing of all air machines that might be Hying for hire, giving it control over commercial aviation routes and so forth. It purported to regulate and arrange air commerce. It did not interfere with machines landing from other countries, provided they were not plying for transport. It would affect joyriding. If an airplane landed at some other aerodrome than it look off from, it would have to be registered. The licensing fee, he thought, would be nominal. Such a measure was necessary to prevent pirating, and to give companies that were desiring to open up an air service an opportunity to do so under fair conditions. It might perhaps give a company the right to a route for a year, maybe two years. Such company would have to run to schedule. The bill really applied land transport to the air. The bill was read a first time.